Expert: Ron Cercone - 8/4/2009

Question
My husband had an accident the he was at fault but the driver that hit him had a suspended license.  Does that change things?  My insurance is going to pay for my damages but I do not feel that I should be responsible for the other driver when they should NOT have been driving if there license was suspended.  My husband also received a ticket which I do not feel I should have to pay and the other driver was going to jail for driving without a license.  Any insight would be greatly appreciated.

Answer
Hi Sara,

Driving without a license would not change the liability in California, and in most states I suspect. Although the other driver would be subject to punishment. You can check with a lawyer or the free county "small claims advisor" but I think they would agree with me. Your experience has happened enough that the law should be quite clear in most states. And your husband needs to stop doing whatever he was doing wrong and is lucky the other driver was not injured or killed, because that other driver could have sued you. Sorry to have to disagree with you.